Vehicle Search on College Campus by Anonymous Tip
My question involves search and seizure law in the State of: California (CA)
I have a friend who was attending high school classes at a college campus. I've heard multiple things about the search laws in CA about college campus searches and high school searches for vehicles. Such as vehicles in high school parking lots are subject to search no matter what, does that apply to college campuses as well?
Anyway, onto the story. The campus police received an anonymous tip that my friend had illegal substances in his vehicle as well as possible weapons.
As he got into his car after class, a police officer (i believe it was a campus officer) pulled him over before he could leave the parking spot, came up to his window, and pointed out that his rear windows were tinted, which to my knowledge is not illegal, just the front windows are illegal. The officer points out he can see a baseball bat in the back seat, which we find very unlikely seeing as my friends body was in the way, and the back windows are tinted, i'm pretty sure there was no way he could see the bat.
The officer proceeded to read him his rights and place him under arrest, he sat in the back of the cop car for 3+ hours while they searched the vehicle.
From what i know they found 1 pill of morphine, 1 pill of Oxy Codone, and i think some cocaine. They were all minor amounts and my friend said the cops seemed aggravated that they did not find larger amounts. They damaged his back seat by ripping it out to search for more hidden stashes. They searched his trunk and found 2 Airsoft guns (which i know for a fact are not considered firearms seeing as i've contacted the local sheriffs department about them). they also found his Stun guns which he kept in his car.
They're trying to charge him with:
Possession of a deadly weapon
Possession of a deadly weapon on school grounds
Possession of narcotics on school grounds
Possession of a controlled substance
Possession of a controlled substance on school grounds
and Possession of a firearm on school grounds
I have a question regarding the charges as well.
Can they really duplicate each charge because it was on school grounds? or is it changed to possession on school grounds only, instead of each charge twice because it was on school grounds?
he has no priors to my knowledge, and we are pretty sure this was a tip by another student.
Does the simple fact of him having windows tinted, and even if the officer had clear sight of the bat in the back would that give him enough reason to search the vehicle?
He has his arraignment on the 10th so any help would be greatly appreciated.
Re: Vehicle Search on College Campus by Anonymous Tip
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Can they really duplicate each charge because it was on school grounds?
Obviously they can or they wouldn't have. They are seperate offences.
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Does the simple fact of him having windows tinted, and even if the officer had clear sight of the bat in the back would that give him enough reason to search the vehicle?
Your a third party here. The details of the search that could help us determine if it was legal were left out. There is also your friends side and the officers side. He needs an attorney to determine if the search was legal or not.
Your friend needs an attorney and striaght away.
Since he is attending high school at a college campus, expect the high school have their crack at him. I can also guess that he will face expulsion with the school as well.
You can search the california penal code to see possible fines.
Re: Vehicle Search on College Campus by Anonymous Tip
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Quoting
EMPaighton™
My question involves search and seizure law in the State of: California (CA)
I have a friend who was attending high school classes at a college campus. I've heard multiple things about the search laws in CA about college campus searches and high school searches for vehicles. Such as vehicles in high school parking lots are subject to search no matter what, does that apply to college campuses as well?
Anyway, onto the story. The campus police received an anonymous tip that my friend had illegal substances in his vehicle as well as possible weapons.
As he got into his car after class, a police officer (i believe it was a campus officer) pulled him over before he could leave the parking spot, came up to his window, and pointed out that his rear windows were tinted, which to my knowledge is not illegal, just the front windows are illegal. The officer points out he can see a baseball bat in the back seat, which we find very unlikely seeing as my friends body was in the way, and the back windows are tinted, i'm pretty sure there was no way he could see the bat.
The officer proceeded to read him his rights and place him under arrest, he sat in the back of the cop car for 3+ hours while they searched the vehicle.
Since he was placed under arrest BEFORE the search, the anonymous tip is irrelevant to having PC to search. Parking in a lot a school lot is not "automatic" constitutional authority to search any car they please.
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They're trying to charge him with:
Possession of a deadly weapon
Possession of a deadly weapon on school grounds
Possession of narcotics on school grounds
Possession of a controlled substance
Possession of a controlled substance on school grounds
and Possession of a firearm on school grounds
I have a question regarding the charges as well.
Can they really duplicate each charge because it was on school grounds? or is it changed to possession on school grounds only, instead of each charge twice because it was on school grounds?
Under the Blockbuger rule, a SC case of the same name, IF a section provides an element the other does not, the state can charge all.
Example:
1. No person shall assault another.
2. No person shall assault another with a dangerous weapon.
You can commit 1 without 2, but if you commit 2, then you commit both.
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Does the simple fact of him having windows tinted, and even if the officer had clear sight of the bat in the back would that give him enough reason to search the vehicle?
He has his arraignment on the 10th so any help would be greatly appreciated.
You said he was placed under arrest before the search. IF the arrest was not grounded in Probable Cause, then his attorney can move to suppress, under the Exlusionary rule. any contraband found.
Re: Vehicle Search on College Campus by Anonymous Tip
Quote:
Quoting
EMPaighton™
I have a friend who was attending high school classes at a college campus. I've heard multiple things about the search laws in CA about college campus searches and high school searches for vehicles. Such as vehicles in high school parking lots are subject to search no matter what, does that apply to college campuses as well?
That's not entirely true. However, the standard for a search on high school grounds can generally be supported by "reasonable suspicions", on a college campus, the higher standard of "probable cause" will generally apply. An anonymous tip CAN be valid under the right circumstances, but there appears to be no issue of a search based on the tip.
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As he got into his car after class, a police officer (i believe it was a campus officer) pulled him over before he could leave the parking spot, came up to his window, and pointed out that his rear windows were tinted, which to my knowledge is not illegal, just the front windows are illegal.
Were the front windows also tinted?
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The officer points out he can see a baseball bat in the back seat, which we find very unlikely seeing as my friends body was in the way, and the back windows are tinted, i'm pretty sure there was no way he could see the bat.
He probably looked in the windows before the car pulled away ... or, the anonymous tip was so specific it identified that little thing and the officer saw it when he approached.
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The officer proceeded to read him his rights and place him under arrest, he sat in the back of the cop car for 3+ hours while they searched the vehicle.
I seriously doubt he sat in the back of the police car for THREE HOURS.
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From what i know they found 1 pill of morphine, 1 pill of Oxy Codone, and i think some cocaine. They were all minor amounts
There is no such thing as a "minor amount" of a felonious substance.
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They're trying to charge him with:
Possession of a deadly weapon
Possession of a deadly weapon on school grounds
Possession of narcotics on school grounds
Possession of a controlled substance
Possession of a controlled substance on school grounds
and Possession of a firearm on school grounds
What are the code sections? Since there was no firearm, that can't be the charge ... perhaps for possessing an imitation firearm, though that would be weak absent some other info.
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Can they really duplicate each charge because it was on school grounds? or is it changed to possession on school grounds only, instead of each charge twice because it was on school grounds?
They can ask, but the DA will likely drop the lesser included offenses. Again, it does not matter the title of the offense, but the code section. Depending on the code charged, there ARE different sections that can be applied.
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he has no priors to my knowledge, and we are pretty sure this was a tip by another student.
He shouldn't be on campus kicking it with dope, stun guns, and other weapons - like bats.
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Does the simple fact of him having windows tinted, and even if the officer had clear sight of the bat in the back would that give him enough reason to search the vehicle?
A search insident to arrest and the impound of the vehicle is sufficient. Only his attorney can determine if there is grounds to make a motion to suppress the evidence based upon a bad stop or search.
Obviously you do not know all the details, and neither do we. There may be much more going on here.
- Carl